§5-426. Protection of person dealing with conservator
1. Protection of 3rd party. A person that assists or deals with a conservator in good faith and for value in any transaction, other than one requiring a court order under section 5-414, is protected as though the conservator properly exercised the power in question. Knowledge by a person that the person is dealing with a conservator does not alone require the person to inquire into the existence of the authority of the conservator or the propriety of the conservator's exercise of authority, but restrictions on authority that are stated in letters of office, or as otherwise provided by law, are effective as to the person. A person that pays or delivers property to a conservator is not responsible for proper application of the property.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Application of protection. Protection under subsection 1 extends to a procedural irregularity or jurisdictional defect in the proceeding leading to the issuance of letters of office and is not a substitute for protection provided to a person that assists or deals with a conservator by comparable provisions in law of this State other than this Act relating to commercial transactions or simplifying transfers of securities by fiduciaries.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS
18-C §5-401. Basis for appointment of conservator
18-C §5-402. Petition for appointment of conservator
18-C §5-403. Notice and hearing
18-C §5-404. Petition for protective order
18-C §5-405. Appointment and role of visitor
18-C §5-406. Appointment and role of attorney
18-C §5-407. Professional evaluation
18-C §5-408. Attendance and rights at hearing
18-C §5-409. Confidentiality of records (WHOLE SECTION TEXT EFFECTIVE 1/1/23)
18-C §5-410. Who may be conservator; priorities
18-C §5-411. Order of appointment
18-C §5-412. Notice of order of appointment; rights
18-C §5-413. Emergency conservator
18-C §5-414. Powers of conservator requiring court approval
18-C §5-415. Petition for order subsequent to appointment
18-C §5-416. Bond or alternative asset-protection arrangement
18-C §5-417. Terms and requirements of bond
18-C §5-418. Duties of conservator
18-C §5-419. Conservator's plan
18-C §5-420. Inventory; records
18-C §5-421. Administrative powers of conservator not requiring court approval
18-C §5-422. Distribution from conservatorship estate
18-C §5-423. Conservator's report and accounting; monitoring
18-C §5-424. Attempted transfer of property by individual subject to conservatorship
18-C §5-425. Transaction involving conflict of interest
18-C §5-426. Protection of person dealing with conservator
18-C §5-427. Death of individual subject to conservatorship
18-C §5-428. Presentation and allowance of claim
18-C §5-429. Personal liability of conservator
18-C §5-430. Removal of conservator; appointment of successor